Originalism vs Living Constitutionalism Discussion

Discussion 1Chapter 1, Sections 1.3 and 1.4, discuss the common law tradition and
school of legal thought. Keeping those sections in mind, research,
compare and contrast the concepts of originalism versus living
constitutionalism. Address these questions to guide your writing:
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What are the advantages and disadvantages of each?
Explain which theory would you prefer a candidate for the judge
to have.
Would you prefer a hybrid of the two or a more moderate
viewpoint?
As an MBA student, which viewpoint, if any, do you think is better
for commerce?
After reading Chapter 3 on ethics, does that chapter help or even
change your thought process for this discussion?
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Discussions
Weekly discussion posts are your opportunity to engage with the classmates and to better develop a
mastery of the week’s material. As such, there are typically two discussions per week throughout this
course. Week 1, however, includes an introduction discussion, and Weeks 4, 5, and 8 include only one
discussion.
Each discussion is worth 20 points.
Initial Post
One initial post is due by 11:59 pm CT Thursday of each week.
While the quality of your writing is more important that the quantity, you should anticipate that your
initial post will consist of several paragraphs discussing the week’s topics. Additionally, your discussions
will require you to do some outside research to support the claims you make in your initial posts. You
must use at least one outside source to support the claims made within your initial post. When referencing
an outside source (i.e. not your textbook or assigned readings), provide a citation at the end of your post in
APA style. Extensively quoting or paraphrasing the readings is not acceptable. Rather, you should use
information from the course material to develop your own perspectives, thoughts, and original analyses.
Response Posts
You are required to respond to two peers per discussion. All responses to both posts are due by Sunday by
11:59 p.m. CT, except for Week 8, in which the responses are due by Saturday at 11:59 p.m. CT.
Peer responses to others’ posts should be well developed, fully explaining the response to the classmates’
posts. Responses should add to the conversation and take it further; simply posting “I agree” or “good job”
does not help develop ideas. Complete sentences and proper grammar/syntax are expected. Rules of
capitalization and punctuation should be followed. Abbreviations (OMG, LOL, etc.), use of emojis, and/or
emoticons are not permitted in discussion posts and responses.
Ground Rules for Discussion
While you may, at times, disagree with your classmates, please do not be disagreeable. Use respectful
language and provide evidence to back up your opinions. Cite and reference all sources properly according
to the most recent edition of APA style.
“Must Post First” Requirement
You must submit your own original posts before you will be able to view your classmates’ posts. A
complete, original post is expected at initial submission. This means that initial posts should not be edited,
deleted and resubmitted, or otherwise altered after submission. Students who attempt to violate the “must
post first” expectations may receive a zero for the discussion.